JYOTI PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the communication dated 10.09.2009 (Annexure P/6) whereunder the appointment of the petitioner to the post of Constable (G.D.) was declined on the ground that the petitioner has not obtained class 10th examination certificate under (10+2) scheme or any equivalent examination certificate from the school/college situated at Madhya Pradesh/Chhattisgarh.

(2.) THE indisputable facts, in brief, are that pursuant to the advertisement dated 11.02.2008 (Annexure P/1) the petitioner made an application for appointment on the post of Constable (G.D.) on the basis of intermediate examination certificate, obtained from the Intermediate College, Sultapur, Uttar Pradesh. The candidature of the petitioner was rejected on the ground that she has obtained class 10th and intermediate examination certificate from a state other than Chhattisgarh/Madhya Pradesh, and thus, she is not eligible for consideration under the advertisement as well as qualification prescribed in schedule II (Rule 8) of the Chhattisgarh Police Karyapalik Bal, Arakshak (Bharti Tatha Sewa Ki Sharte) Niyam, 2007 (for short 'the Rules, 2007').

(3.) ON the other hand, Shri Roy, learned Panel Lawyer appearing for the State/respondents submits that the advertisement was issued in accordance with the Rules, 2007, framed under provisions of Article 309 of the Constitution of India, wherein under scheduled II (Rule 8) qualification of the Constable (G.D.) has been prescribed, which has been shown as minimum qualification in the advertisement also. The petitioner does not possess the requisite qualification as per the Rules, 2007. Thus, the petitioner was rightly not considered for selection and appointment thereafter.